696 results for 'cat:"Education"'.
J. Wood finds the county court improperly dismissed the school football coach's Teacher Fair Dismissal Act claims. The court dismissed the claims with prejudice, finding that they were precluded by the coach's failure to “administratively appeal” the district's decision to terminate. A cited case involved a teacher’s contract being changed for a subsequent school year. In this case, the district terminated the contract midway through the year, resulting in financial consequences during that same year. The court erred in finding that the coach's signing of the subsequent year's contract precluded his recovery for the midyear termination under the act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CV-22-592, Categories: education, Employment, Contract
Per curiam, the circuit finds that the district court properly dismissed Title IX claims stemming from Columbia University's investigation of a sexual assault reported against a coed by another student. The coed's "deliberate indifference" charge failed in light of university protocols for handling allegations of peer harassment, and while she may have advocated for different procedures, Title IX did not give her the right to make particular remedial demands. Meanwhile, the court did not abuse its discretion in denying her third attempt to amend and dismissing her claim with prejudice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-960-cv, Categories: Civil Procedure, Civil Rights, education
J. Beales finds a lower court did not err when it found that a teacher and football coach had not shown he was defamed by a school report that found he had “loudly uttered numerous statements incorporating profanity around students.” Because the allegedly defamatory statements were made as part of an official report, the officials’ statements were “entitled to qualified privilege and, therefore, could not be defamatory.” Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: May 7, 2024, Case #: 0702-23-3, Categories: education, Defamation
J. Samour finds the appeals court properly overturned the trial court's decision to grant summary judgment to the university on contract claims filed by the male student accused of rape. When read in conjunction with the entirety of the school's Office of Equal Opportunity procedures handbook, the requirement for a "thorough, impartial, and fair" investigation into allegations of sexual assault created a contractual relationship between the parties. Additionally, the male student's allegations the university failed to interview four of the five witnesses he presented and failed to seek out missing portions of the victim's medical examination file render his contract claim plausible and prevent judgment in favor of the university. Affirmed in part.
Court: Colorado Supreme Court, Judge: Samour, Filed On: May 6, 2024, Case #: 2024CO27, Categories: education, Due Process, Contract
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J. Diaz finds the lower court properly entered judgment voiding the contract between the star basketball player and his former agents. The basketball star signed an agreement with an agency after he played his final game for Duke but before he was drafted into the NBA. The agents argued that the player didn't count as a student-athlete for the purpose of the North Carolina Uniform Athlete Agents Act, which governs contracts between student-athletes and their agents. The player was still a student-athlete when he signed the contract because he had not yet left the university or signed a professional contract. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 6, 2024, Case #: 22-1793, Categories: education, Tort, Contract
J. Easterbrook finds that the lower court improperly found for the university on a male student's sex discrimination claims stemming from its investigation of sexual assault claims against him. The student never explained what remedy he seeks, and this suit is not a live claim unless compensatory damages are available for him. Further, it remains a question whether the student is entitled to proceed anonymously in this case, as the lower court must conduct a hearing on whether the revelation of the student's name will also identify his alleged victim. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 3, 2024, Case #: 22-2925, Categories: Civil Procedure, Civil Rights, education
J. Chun declines to dismiss the school faculty member's retaliation claim in his complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausibly alleges a First Amendment retaliation claim as his speech “related to scholarship or teaching." While the university and its president cite the "Johnson v. Poway Unified School District" decision that allows discipline of speech on school grounds, that case's analysis focuses on secondary school education, not college education.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 3, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: education, Employment Retaliation, First Amendment
J. Moulton finds that the lower court improperly dismissed a youth-led organization's claim that the state and city actors in charge of New York City's public school system have denied Black and Hispanic students students their constitutional right to a basic education. Although the facts supporting an implication of discriminatory intent are not fully developed, claimants deserve the benefit of the doubt that they could be able to establish the truth before a judge. The disparate impact on students is clearly severe and undisputed, and the lack of other facts is understandable at this time since discrimination is rarely admitted. Reversed.
Court: New York Appellate Divisions, Judge: Moulton, Filed On: May 3, 2024, Case #: 02369, Categories: Civil Rights, education
J. Barrett denies the student's motion for a preliminary injunction, ruling the university provided him notice of the sexual assault allegations within a month of the victim's submission of her final report and did not rely on any absent witness testimony when it expelled him; therefore, no due process rights were violated during disciplinary proceedings and the student is not entitled to an injunction.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: May 2, 2024, Case #: 1:23cv284, NOS: Education - Civil Rights, Categories: Civil Rights, education, Due Process
J. James dismisses an alternative writ by a company related to the closure of a university in Portland after the company entered into a 20-year administrative services agreement to share costs and tuition revenue to grow the university's educational programs. “HotChalk has not established that the normal appellate process would not constitute a plain, speedy, and adequate remedy in this case.”
Court: Oregon Supreme Court, Judge: James, Filed On: May 2, 2024, Case #: S069765, Categories: education, Evidence
Per curiam, the appellate division finds that the lower court properly permitted a victim of child sexual abuse to refile his claim with a request for punitive damages. The Child Victims Act creates a two-year revival window for previously time-barred abuse claims, such as the victim's being abused by multiple teachers at his school. Claim revival statutes like this do not violate due process so long as they are enacted as a reasonable response. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02339, Categories: Civil Procedure, education
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: Civil Procedure, education, Contract
Per curiam, the appellate division finds that the lower court improperly set aside a jury verdict finding that a physician who treated the decedent had committed medical malpractice. Failing to send the decedent to the emergency room was a clear departure from the standard of care. The jury had ample evidence to find this, given that the decedent would not have committed suicide that day had he been admitted to the hospital. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02340, Categories: Civil Procedure, education
J. Johnson grants a request by a city-parish, compelling an alleged rape victim at a Louisiana college to supplement “vague” and “evasive” responses about her communications with an online “group chat” of women who allege they were sexually assaulted by the same predatory student at three universities. Because counsel for the litigant previously agreed to provide most of the information sought, the alleged rape victim must provide the Lafayette government with a privilege log, including a reason why certain information should be redacted.
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: April 30, 2024, Case #: 3:22cv338, NOS: Education - Civil Rights, Categories: education, Evidence, Discovery
J. Carson finds that the lower court properly issued a preliminary injunction against a school district after it sought to restrict an advocate's access to school district facilities and volunteer work. The school district issued the restrictions after the advocate criticized certain people in the district and wanted change, but his criticisms fell under the protections of the First Amendment. The school district's actions against him, as a result, constituted retaliation against free speech. Affirmed.
Court: 10th Circuit, Judge: Carson , Filed On: April 30, 2024, Case #: 23-1000, Categories: education, First Amendment, Injunction
J. Parker grants the school system's summary judgment motion in this lawsuit brought by a teacher asserting claims under Title VII and the Tennessee Human Rights Act for discrimination, sexual harassment and retaliation. Certain discrete claims of harassment are time-barred, and her hostile work environment claim is not supported by the allegations.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: April 29, 2024, Case #: 2:22cv2346, NOS: Employment - Civil Rights, Categories: Civil Rights, education, Employment Discrimination
J. Estudillo denies the high school student default judgment for his complaint accusing the school district of not taking enough action to stop a fellow student from saying homophobic slurs to the high school student, who is queer and gender fluid. The high school student does not adequately allege that the school district did not provide him services comparable to non-disabled students, because it is possible that the school district fails to stop all bullying regardless on the protected class status of the victim.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: April 29, 2024, Case #: 3:23cv5717, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, education
Per curiam, the circuit finds the district court properly denied the parents' motion to amend or correct the dismissal of their claims against a school district after their son, who suffers from cerebral palsy, was allegedly injured by a district employee who helped him use the bathroom on a school trip. The education and disability claims were dismissed for lack of subject matter jurisdiction. The parents fail to show the court made a cognizable “mistake” of law under the cited rule of civil procedure. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-40474, Categories: Civil Rights, education, Negligence
J. Copenhaver grants the Board of Education's motion to dismiss the elementary school counselor’s suit claiming the Board violated her right to freedom of speech and the West Virginia Whistleblower Act. The counselor alleged the Board and school officials took retaliatory action against her by, among other things, formally reprimanding her and removing her as the coordinator of the standardized test after she expressed concerns to school officials as well as gave an interview to a Charleston television station about the resumption of a national standardized test to occur on school premises in April 2021 during the Covid-19 pandemic. The court finds since her pleading is grounded in her capacity as a public employee and not a private citizen, she has failed to state a claim on which relief can be granted, and the Board's interest in effectively and efficiently administering the standardized test outweigh the counselor's public airing of her concerns.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: April 26, 2024, Case #: 2:23cv314, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, Covid-19
J. Blacklock finds that the Pandemic Liability Protection Act can be retroactively applied to the student’s claims stemming from Southern Methodist University moving to online classes during the Covid-19 pandemic. The student has not shown that "he had a reasonable and settled expectation that he could recovery money damages from SMU if the government forcibly shut down the campus and gave the school only the option" of moving to online classes.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: April 26, 2024, Case #: 23-0565, Categories: education, Covid-19, Contract
J. Kahn finds that the district court properly held that a school district did not violate a student's due process rights by denying a medical exemption from the Covid-19 masking mandate because the student's fundamental rights had not been violated, and the mandate was reasonably related to legitimate health and safety concerns. However, the court improperly held that administrative remedies had not beeen exhausted when such was not required to bring disability claims alleging failure to accommodate the student's asthma. Affirmed in part.
Court: 2nd Circuit, Judge: Kahn, Filed On: April 25, 2024, Case #: 23-582-cv, Categories: Ada / Rehabilitation Act, education, Covid-19
J. Easterbrook finds that the lower court improperly found for the school in a Title IX sex discrimination suit filed by a male medical student who was found to have physically abused a female student off-campus. The medical student was not expelled until he applied to the university's business school and described his mere suspension as an "exoneration," which the dean of the medical school found to be a falsification. The male student should have been given notice and an opportunity to defend himself before summary expulsion. However, in order to continue with this suit, the male student must disclose his full name, as he is neither a minor nor at risk of improper retaliation. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 25, 2024, Case #: 22-1576, Categories: Civil Rights, education
J. Iannacci finds that the lower court properly found that the Education Law's notice of claim requirements do not apply to charter schools. A mother sued the charter school for a bullying incident where her special needs daughter was pushed to the floor, injuring her elbow. The mother was not required to serve a notice of claim on the school before filing this tort action. "Neither the public character nor the purpose of charter schools renders them equivalent to a school district for purposes of invoking the protections of notice of claim statutes." Affirmed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: April 24, 2024, Case #: 02205, Categories: Civil Procedure, education, Tort
J. Novak denies the university's motion to dismiss claims of gender discrimination. An accomplished Black female news director turned communications professor properly presented facts that her Black male supervisor gave her unfavorable assignments, tried to take her role as internship director away, suggested she needed to teach more courses than anyone else in the department and directed her to teach specific courses without her input, while her male and White female counterparts exercised flexibility in choosing courses to instruct.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 24, 2024, Case #: 3:23cv777, NOS: Other Civil Rights - Civil Rights, Categories: education, Employment Discrimination, Employment Retaliation